Legal Question in Business Law in Texas

Can someone please give me their understanding of the following provision in our by-laws regarding the Election process for officiers? This is a High School Hockey Club.

My questions are:

1. Can someone be nominated at the board meeting that is help just prior to the election meeting?

2. Do all nominations have to be made no less than 14 days prior to the published election meeting and if so, are any nomiations made the night of the election meeting valid?

Thanks in advance for any and all help in understanding this. If you need additional information, please let me know.

D. The Nominating Committee shall submit in writing to the Board its recommendations for nomination of persons to serve as Officers thirty (30) days prior to the PO meeting at which the election will be conducted. The Nomination Committee shall submit no less than one (1) and no more than two (2) candidates for each position. Notice of this meeting shall be given to all PO members. Further nominations may be made from the floor at this Board meeting. The Board shall consider the recommendations and upon approval by the Board, the membership shall be notified of the nominations at least twenty-one (21) days prior to the PO meeting at which the election will be conducted with a request that any further nominations be made to the Board no less than fourteen (14) days prior to the scheduled PO election meeting. The Board will review and confirm the eligibility and desire of any additional nominee to serve. No further nominations will be accepted after that time. Each officer will also concurrently serve as a member of the Board of Directors of the Club.


Asked on 8/12/10, 6:31 pm

1 Answer from Attorneys

Hope this helps:

30 days from the election (PO Meeting)

- nominating committee submits recommendations

- nominations are also taken from the floor

21 days out out from the election

- the board has considered the nominations, approves them and notifies the membership

- AND the board requests from all members that to submit their nominations to them within 14 days prior to the election

14 days is the deadline (unless the board agrees to approve a late one)

the board reviews additional nominations submitted

Election

It appears no more nominations after the 14 day deadline. (BUT Board of Directors generally have discretion to allow such but would have to do so by vote) For example if The Board reviewed eligibility and desire of any additional nominee to serve and found it was lacking, they would have to make accommodations for other nominations.

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Answered on 8/18/10, 6:17 am


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